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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, July 25, 2019
Proposed Rules Content: 

The Conflicts of Interest Board intends to amend its rules by revising Chapter 2 in its entirety to update the Board’s procedural rules for enforcement actions brought pursuant to Charter § 2603(h).

Subject: 

The Conflicts of Interest Board intends to amend its rules by revising Chapter 2 in its entirety to update the Board’s procedural rules for enforcement actions brought pursuant to Charter § 2603(h).

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Contact: 

Katherine Miller, kmiller@coib.nyc.gov, 212-437-0741

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE OF FINAL RULE

 

Repeal of Outdated BSA Rules and Reorganization of Building Design Rules

 

Prior to 1968, BSA was responsible for adopting standards regulating fire safety in buildings and construction sites.  Among other things, BSA adopted rules relating to fire alarm systems and other fire protection systems, and construction site requirements.

 

With the enactment of the 1968 Building Code, and later, the 2008 Building Code and 2008 Fire Code, the New York City Department of Buildings (DOB) and FDNY took over this role.  The new codes and rules promulgated thereunder by DOB and FDNY superseded the provisions of the BSA rules with respect to the design and construction of new buildings and the operation and maintenance of existing buildings.  However, sometimes building owners and developers are confused as to whether the BSA requirements, which were never repealed or amended, remain in effect or are applicable to particular projects or installations.

 

The purpose of this rulemaking is to eliminate outdated BSA rules that have been superseded by the New York City Fire Code and to transfer to FDNY rules any remaining provisions of BSA rules relating to matters now regulated by the Fire Code that need to be retained.

 

The BSA rules that relate to the design of buildings and building systems (which are now regulated by the Building Code or other Construction Codes) are not being repealed but, like old building codes, will be kept in place for purposes of preserving pre‑existing design requirements.  The only exception are the BSA rules relating to construction site requirements, which are being repealed as they have no continuing applicability and have been wholly superseded by Building Code and Fire Code requirements.

 

The BSA rules being retained have been reorganized into two chapters in a manner designed to clarify their applicability.  New introductory sections have been included that set forth the scope of each chapter, place the BSA rules in the proper context, and alert the reader to the requirements of the New York City Construction Codes.  A cross-reference table indicating the disposition of each BSA rule provision and any new BSA or Fire Department section number is included as Chapter 5 of the BSA rules.

Effective Date: 
Sun, 05/05/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, March 14, 2019
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE OF PROPOSED RULE

 

Repeal of Outdated BSA Rules and Reorganization of Building Design Rules

 

Prior to 1968, BSA was responsible for adopting standards regulating fire safety in buildings and construction sites.  Among other things, BSA adopted rules relating to fire alarm systems and other fire protection systems, and construction site requirements.

 

With the enactment of the 1968 Building Code, and later, the 2008 Building Code and 2008 Fire Code, the New York City Department of Buildings (DOB) and FDNY took over this role.  The new codes and rules promulgated thereunder by DOB and FDNY superseded the provisions of the BSA rules with respect to the design and construction of new buildings and the operation and maintenance of existing buildings.  However, sometimes building owners and developers are confused as to whether the BSA requirements, which were never repealed or amended, remain in effect or are applicable to particular projects or installations.

 

The purpose of this proposed rulemaking is to eliminate outdated BSA rules that have been superseded by the New York City Fire Code and to transfer to FDNY rules any remaining provisions of BSA rules relating to matters now regulated by the Fire Code that need to be retained.

 

The BSA rules that relate to the design of buildings and building systems (which are now regulated by the Building Code or other Construction Codes) are not proposed to be repealed but, like old building codes, will be kept in place for purposes of preserving pre‑existing design requirements.  The only exception are the BSA rules relating to construction site requirements, which are proposed to be repealed as they have no continuing applicability and have been wholly superseded by Building Code and Fire Code requirements.

 

The BSA rules proposed to be retained have been reorganized into two chapters in a manner designed to clarify their applicability.  New introductory sections have been included that set forth the scope of each chapter, place the BSA rules in the proper context, and alert the reader to the requirements of the New York City Construction Codes.  A cross-reference table indicating the disposition of each BSA rule provision and any new BSA or Fire Department section number would be included as Chapter 5 of the BSA rules.

 

Specifically, BSA proposes the repeal of the following BSA rule provisions, which are addressed by existing Building Code, Fire Code and/or FDNY rule provisions:

 

Section of

BSA Rules

Type of Requirement

BC/FC Section

Proposed Disposition/ Comments

§3-02 Alteration, Repair, Excavation for and Demolition of Building.

(except sections indicated below)

Design/Construction

BC Chapter 33

Repeal.

Superseded by Building Code construction requirements

§3-02 (e) General requirements

(7) Salamanders and other heating devices

Operation

FC 307.6;

313.6;

1403.1.6;

3 RCNY

307-01;

1403-01;

3809-01(j)(2)

Repeal.

Superseded by Fire Code and FDNY rule requirements

§3-02 (e) General requirements

(17) Storage of material and equipment

(18) Storage and disposal of debris

(19) Corrosive substances

Operation/Maintenance

BC3303.4.7

BC3303.5

FC 304;

1405;

FC Chapter 31

Repeal.

Superseded by Building Code and Fire Code requirements

§3-02 (i) Demolition operations

(18) Storage of material

(19) Burning at site

Operation

BC3306.9.11

FC 307.1;

1404.3

Repeal.

Superseded by Building Code and Fire Code requirements

§3-02 (i) Demolition operations

(20) Fire Protection and Fire Extinguishers

Operation/Maintenance

BC 3303.7

BC3303.8;

FC 906;

912.3;

1413.2

1414.1

Repeal.

Superseded by Building Code and Fire Code requirements

§3-02 (j) Equipment

(25) Explosives

(i) Storage, Sales, Transportation, Use or Possession of Explosives, Generally

(A) Permit

(B) Guncotton and Soluble Cotton

(C) Nitro-glycerine

(D) Transportation or Delivery

(E) Supervision

(F) Unapproved Kinds, Types or Brands

(j) Equipment

(25) Explosives

(ii) Blasting Operations

Operation/Maintenance

FC 105.6;

1407.1;

2707.6;

3301.5;

3307.

3 RCNY

2707-02

Repeal.

Superseded by Fire Code and FDNY rule requirements

 

§5-01 Coin-Operated Dry Cleaning Establishments.

Design/Construction/

Operation/Maintenance

FC 105.6;

FC Chapter 12

Repeal.

NYC Department of Environmental Protection (DEP) rule 15 RCNY 12‑04 prohibits use of self-service dry cleaning machines using perchlorethylene after May 15, 1997

 

§6-01 Elevator Readiness and Operator Availability to Assist in Fire Department Access During Hours When the Building is Normally Closed.

Operation

FC 506.2;

506.3;

607

Repeal.

Superseded by Fire Code

requirements

 

§8-01 Installation of Interior Fire Alarm Signal Systems.

(n) Acceptance test.

(p) Maintenance.

Operation/Maintenance

BC901.5.

FC 105.1;

105.2.2;

901.1.1;

901.6;

901.7;

907.3.3;

907.17;

907.18;

NFPA 72-2010

(as modified by FC Appendix B).

Repeal.

Superseded by

Building Code

and Fire Code

requirements

 

§ 10-02 Fire Extinguishing Appliances – Sprinkler Systems.

(uu) Maintenance inspection.

Maintenance

FC 901.5;

901.6.1

903.5;

903.6;

1414;

3 RCNY §901-02; 903‑01;

912-01;

NFPA 25-2011

Repeal.

Superseded by Fire Code and FDNY rule requirements

 

§ 10-03 Fire Extinguishing Appliances – Standpipe and Fireline.

(c) Monthly inspections.

(e) Elevator in readiness.

Operation/Maintenance

FC 607;

901.6;

3 RCNY §912-01;

NFPA 25-2011

Repeal.

Superseded by Fire Code and Fire Department rule

requirements

 

§ 12-02 Tests of Fire-Resistive, Flameproofed Materials Used in Places of Public Assembly and Special Occupancy Structures.

Operation/Maintenance

FC 805;

3 RCNY §805-01; NFPA 701-2010.

 

Repeal.

Superseded by Fire Code and Fire Department rule requirements

 

§16-01 Installation and Use of Oil Burning Equipment and the Storage of Oils Used in Connection Therewith.

(j)(4) Fee for permit and test of storage tanks

(o)(2) Instruction cards and certificates of fitness

Operation/

Maintenance

FC113

FC603.1.8

FC Appendix A

3 RCNY §113­01

Repeal.

Superseded by Fire Code and Fire Department rule requirements

 

§25-01 Arc and Gas Welding and Oxygen Cutting of Steel.

Design/Construction

NYC Admin Code 28-407;

BC1704;

2201;

2205-2207;

2209-2210

Repeal.

Superseded by

Building Code requirements and Construction Code General Administrative Provisions

 

§25-02 Electroslag Welding.

Design/Construction

NYC Admin Code 28-407;

BC1704;

2201;

2205-2207;

2209-2210

Repeal.

Superseded by

Building Code requirements and Construction Code General Administrative Provisions

 

§26-01 Liquefiers Used to Convert Solid Carbon Dioxide to a Liquid and/or a Gas.

Design/Construction/

Operation/Maintenance

N/A

Repeal.

No longer in use.

         

 

BSA additionally proposes the repeal of the following BSA rule provisions, which FDNY proposes to incorporate in whole or in part into FDNY rules:

 

Section of

BSA Rules

Type of Requirement

BC/FC Section

Proposed Disposition/

Comment

§3-02 (e) General requirements.

(4)(i) Fire extinguishers and fire protection.

Operation

FC 304.3;

508.5;

906;

912.2;

1404.2;

1412-1415.

3 RCNY §1401-01 

Repeal.

Transfer to FDNY rule 3 RCNY 1401‑01 as new subdivision (c)(18) requirement of 5‑foot clearance from hydrants at construction sites

 

Section of

BSA Rules

Type of Requirement

BC/FC Section

Proposed Disposition/ Comments

§5-02 Non-Coin-Operated Dry Cleaning Establishments.

(a) through (h)

Design/Construction/

Operation/Maintenance

FC 105.6;

FC Chapter 12;

FC 2703.1;

FC Chapter 34;

NFPA 32 (2007); NFPA 101 (2006)

Repeal.

Transfer to new FDNY rule 3 RCNY 4801-01 provisions applicable to pre-existing facilities.

Pursuant NYC Department of Environmental Protection rule

15 RCNY §12-04, all dry cleaning facilities installed in residential buildings before December 21, 2005 must eliminate perchlorethylene use by December 21, 2020.

§8-01 Installation of Interior Fire Alarm Signal Systems.

(o) Daily and monthly test.

Operation/Maintenance

907.20.2;

NFPA 72-2010

(as modified by FC Appendix B).

Repeal.

Transfer to new FDNY rule 3 RCNY 4801-01 provisions applicable to pre-existing facilities and clarify that, consistent with current Fire Code procedures, daily testing is only required for systems without a control panel capable of receiving and displaying supervisory or trouble signals.

§ 15-01 Clearance Between Storage Vessels and Adjacent Structures.

Design/Construction/

Operation/Maintenance

 

Repeal.

Transfer to new FDNY rule3 RCNY 4801‑01 provisions applicable to pre-existing facilities.

§18-01 Use of Equipment for Spraying and Drying of Paints, Varnishes, Lacquers and Other Flammable Surface Coatings and Storage of Such Materials.

Design/Construction/

Operation/Maintenance

FC1503

Repeal.

Transfer to new FDNY rule 3 RCNY 4801-01 provisions applicable to pre-existing facilities.

 

These BSA rule provisions are proposed to be incorporated into Fire Department rules unchanged, with two exceptions.  The fire alarm system testing provisions of §8‑01(o) have been revised in new Fire Department rule §4801-01(e) to apply current Fire Code inspection and testing procedures to such fire alarm systems if they are equipped with a control panel capable of receiving and displaying supervisory or trouble signals indicating that particular components of the fire alarm system are not functioning, require servicing or are otherwise not in good working order.  The spray paint booth regulations of §18-01(d) have been revised in new Fire Department rule §4801-01(g) to omit reference to asbestos as a fireproofing material.

 

FDNY Enforcement of BSA Resolutions

 

BSA also proposes to adopt a new rule, 2 RCNY §1-15, that specifically authorizes FDNY to enforce BSA resolutions within the scope of FDNY’s enforcement authority.

 

In accordance with BSA rule 2 RCNY §1-12.1, final determinations of the BSA are in the form of a written resolution.  Resolutions recite the rule, regulation, order, requirement, decision or determination upon which an application has been made; proceedings before the Board, including plans and other submissions; findings and conclusions of the Board; the decision on an application; and, if an application is approved, the terms and conditions for approval.  The resolutions are published by the agency in bulletins of its proceedings, posted on BSA’s website, and subject to judicial review pursuant to §25-207 of the New York City Administrative Code and Article 78 of the New York Civil Practice Law and Rules.

 

Most BSA resolutions are sought by building owners and developers and are self‑enforcing in the sense that, once BSA approval is obtained, it is in the interest of the owners and developers to reference and incorporate the approval into the plans they file with DOB.

 

However, from time to time, FDNY will apply to BSA to amend a Certificate of Occupancy to require installation of fire protection systems based on a change in use and occupancy of a premises.  BSA may also condition the granting of an approval to a private party upon compliance with certain fire safety measures.  These BSA approvals are not self-enforcing.  FDNY is generally the agency inspecting and enforcing such fire-safety-related requirements arising from BSA approvals.

 

BSA has no mechanism in place to issue violations for failing to comply with the terms and conditions of its approvals, as set forth in its resolutions.  BSA can enforce such terms and conditions by rescinding the approval, but generally this would have the effect of rendering an existing building or use illegal.  Such a remedy is not always the most appropriate or expeditious enforcement method for obtaining compliance with the terms and conditions of a BSA approval.

 

FDNY has broad enforcement authority and comprehensive inspection programs.  It is authorized by the New York City Charter to enforce BSA rules and by the NYC Administrative Code to enforce fire-safety-related requirements of the Construction Codes.

 

BSA and FDNY have concluded that it would be in both agencies’ interest – and in the interest of public safety – to adopt a rule that specifically authorizes FDNY to enforce BSA resolutions within the scope of FDNY’s enforcement jurisdiction.

Subject: 

.

Location: 
Fire Department Headquarters
9 MetroTech Center
Brooklyn, NY 11201
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:9)

Agency:
Comment By: 
Tuesday, May 8, 2018
Proposed Rules Content: 

Proposed amendments to Chapters 2, 3, 5, 7 and 11 of title 63 of the Rules of the City of New York, consisting of amendments, consolidation and reorganization of existing rules, and new rules, including in Chapter 2, amendments to sections 2-11 through 2-35; new rules concerning barrier-free access, sidewalks and excavation; in Chapter 3, repeal of the chapter and its reorganization, as amended, into Chapter 2; in Chapter 5, amendments to sections 5-01 through 5-03 and new section 5-04; in Chapter 7, amendments to sections 7-01 through 7-06; and in Chapter 11, amendments to sections 11-01 through 11-06.

Subject: 

Proposed amendments to the Landmarks Preservation Commission's rules in Chapters 2, 3, 5, 7 and 11 of title 63 of the Rules of the City of New York, consisting of amendments, consolidation and reorganization of existing rules, and new rules.

Location: 
Landmarks Preservation Commission Hearing Room
Municipal Building 1 Centre Street, 9th Floor North
New York, NY 10007
Contact: 

Amber Nowak, 212-669-7817

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 15, 2017
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Department is proposing to amend existing rules 3 RCNY §§ 109-01 and 109-02 to reflect changes in the administrative body that adjudicates most Fire Department violations and to the name of the violation form returnable to that body. The Fire Department is also proposing to adopt a penalty schedule as a new Fire Department rule, 3 RCNY §109-03.

 

The Fire Department is responsible for enforcing the New York City Fire Code (FC) (Title 29 of the Administrative Code); Title 15 of the Administrative Code (Fire Prevention and Control); the New York City Construction Codes (Title 28 of the Administrative Code); and the rules promulgated by the Department and codified in Title 3 of the Rules of the City of New York (“RCNY”).

 

The Fire Department conducts enforcement by, among other things, issuing “FDNY Summonses” to people and businesses that violate the above laws and rules. FDNY Summonses are returnable to the New York City Office of Administrative Trials and Hearings (“OATH”) acting pursuant to Section 1049-a of the New York City Charter, which relates to the Environmental Control Board (“ECB”). In 2008, ECB became part of OATH.  The new procedural rules of OATH’s Hearings Division, found in Chapter 6 of the Rules of the City of New York, use the term “Summons” rather than “Notice of Violation.”

 

Accordingly, to reflect the changes described above, the Fire Department now proposes conforming amendments to Sections 109-01 and 109-02 of its rules.

 

Additionally, the Fire Department’s penalty schedule used in the adjudication of agency violations, which defines the penalties associated with each type of violation of the above laws and rules, will now be included in the Fire Department’s rules. The Department’s penalty schedule is currently promulgated as part of the OATH rules, and that rule will be repealed by OATH simultaneous with the Fire Department’s adoption of this rule.

 

The enforcement agencies possess the expertise to adopt appropriate penalties based upon the severity of each violation and its corresponding impact on public safety.  Making the penalty schedule part of the issuing agency’s rules will make it more accessible to the public as it will now be located in the same title and chapter as the rules cited in the FDNY Summonses.

 

Accordingly, the Fire Department hereby proposes adoption of a new rule, 3 RCNY §109‑03, which sets forth a penalty schedule for FDNY Summonses.  The proposed penalty schedule is unchanged from the existing penalty schedule, which is currently codified as 48 RCNY §3‑106 of OATH rules, except that the violation categories for flashback arrestor, backflow valves and gas boosters (BF34) and for cryogenic fluids (BF36) have been eliminated.  Such violations will be integrated into the applicable Violation Categories in a separate rulemaking.

 

The Fire Department’s proposed adoption of the penalty schedule is being undertaken in conjunction with OATH’s proposed repeal of the existing penalty schedule.

 

Text that has been deleted is indicated by [brackets].  Text that has been added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

Amendments to 3RCNY Section 109-01: FDNY Summons, Certification of Correction and Stipulation Procedures
Amendments to 3RCNY Section109-02: Consolidation of Administrative Code Provisions For Enforcement Purposes
Propose New Rule 3RCNY Section 109-03: Penalty Schedule For FDNY Summonses

Location: 
FDNY Headquarters Auditorium
9 MetroTech Ctr
Brooklyn, NY 11201
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Effective Date: 
Mon, 10/24/2016

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Thursday, June 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Subject: 

Proposed Rules Relating to the Registration of Recycling Processing Facilities

Location: 
DSNY Headquarters
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (ECB) has modified the ECB Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York to enforce Local Law 77 of 2015.

 

The ECB held a public hearing on September 21, 2015 regarding amendments to its Department of Buildings (DOB) Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOB attended the public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the September 21, 2015 public hearing. 

 

In response to a recent outbreak of Legionnaires’ disease in the South Bronx, the City Council enacted and the Mayor signed into law Local Law 77 of 2015, effective August 18, 2015. Section one of Local Law 77 of 2015 added a new Article 317, entitled “Cooling Towers” to chapter 3 of title 28 of the New York City Administrative Code (the Code).

 

Section 28-317.3, entitled “Registration,” requires all cooling towers to be registered with the DOB before initial operation as required by the DOB Commissioner. Owners of existing cooling towers must register their towers within 30 days of the law’s effective date.  Thus, owners of existing cooling towers were required to register their towers by September 17, 2015.

 

Section 28-317.3.1, entitled “Discontinued use,” requires owners or operators of cooling towers to notify DOB within 30 days of removing or permanently discontinuing use of a cooling tower and to include in their notice a statement that the tower was drained and sanitized in compliance with Department of Mental Health and Hygiene (DOHMH) rules for discontinuance of a cooling tower.

 

Section 28-317.5, entitled “Annual certification,” requires owners or operators of cooling towers to certify that the cooling tower was inspected, tested, cleaned and disinfected in compliance with section 17-194.1 of the Code and the rules of DOHMH , and that a maintenance program and plan has been developed and implemented as required by such section. The owner or operator must submit the certification by November 1, 2016 and every November 1 of each year thereafter, or as otherwise specified in DOB’s rules.

 

Section 28-317.7, entitled “Enforcement,”  makes failure to register a cooling tower or submit a certification or statement required by new article 317 a major (also called Class 2) violation. The statutory maximum for a major violation is $10,000.

 

To support enforcement of this law, the Board has added three new charges to the Buildings Penalty Schedule.

 

 

Effective Date: 
Tue, 09/29/2015

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Thursday, October 22, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

 

Businesses in New York City are required to recycle in accordance with the Department of Sanitation’s commercial recycling rules promulgated pursuant to Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code. Private carters, which collect and dispose of putrescible and non-putrescible waste from commercial waste generators in New York City, must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

 

 

The proposed rules would revise the City’s current commercial recycling rules to simplify the requirements, which would make them more understandable for businesses and easier to follow.  Currently, certain types of businesses are required to recycle different materials than other types of businesses.  Eliminating the distinction between businesses types and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for businesses.  In addition, allowing single stream collection and recycling (when all designated recyclable metal, glass, plastic and paper are placed in the same bags or bins by a business), and co-collection of recyclables (when all designated recyclable metal, glass and plastic is source separated from designated paper by the business, but a private carter places the source separated materials into the same compartment of a waste hauling truck), will help make commercial recycling easier to manage and can significantly increase diversion of recyclables from landfills. 

 

 

 

The proposed rules:

 

 

 

·       Amend §1-01 by adding, amending and removing relevant definitions;

 

·       Make technical amendments to §1-02 (collection service), §1-08 (residential recycling) and §1-09 (agency and institutional recycling); 

 

·       Designate a number of recyclable materials, including, but not limited to, metal, glass, plastic,  and paper, to the list of items that businesses that receive private-carter collection are required to recycle;

 

·       Prohibit the commingling of any designated recyclable materials with solid waste;

 

·       Allow private carters, in addition to separate pick-up of designated recyclable materials, to utilize single stream collection and recycling or the co-collection of recyclables;

 

·       Require any generator of private carter collected waste to post a sign identifying: 1) its private carter(s); 2) by type, each designated recyclable material that will be collected by each private carter, and; 3) if such private carter will be utilizing single stream collection and recycling or co-collection of recyclables;

 

·       Provide implementation and notice requirements for owners, net lessees, or persons-in-charge who arrange for private carter collection, and set forth recycling requirements for their tenants and occupants;

 

·       Set forth responsibilities of operators of non-putrescible and putrescible solid waste transfer stations; and

 

·       Provide for the enforcement of such rules in accordance with the New York City Administrative Code.

 

 

 

 

 

 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-306 of the New York City Administrative Code.

 

 

Subject: 

Source Separation and Recycling Requirements for Entities that Receive Private Carter Collection

Location: 
DSNY Headquarters
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

Madelynn Liguori, Associate Counsel, (646) 885-4786

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Monday, September 21, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

The New York City Environmental Control Board (ECB) is proposing a rule to modify the ECB Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York to enforce Local Law 77 of 2015.

 

In response to a recent outbreak of Legionnaires’ disease in the South Bronx, the City Council enacted and the Mayor signed into law Local Law 77 of 2015, which goes into effect on August 18, 2015. Section one of Local Law 77 of 2015 adds a new Article 317, entitled “Cooling Towers” to chapter three of title 28 of the New York City Administrative Code (the Code).

 

Section 28-317.3, entitled “Registration,” requires all cooling towers to be registered with the Department of Buildings (DOB) before initial operation as required by the DOB commissioner. Owners of existing cooling towers must register their towers within 30 days of the law’s effective date.

 

Section 28-317.3.1, entitled “Discontinued use,” requires owners or operators of cooling towers to notify DOB within 30 days of removing or permanently discontinuing use of a cooling tower and to include in their notice a statement that the tower was drained and sanitized in compliance with Department of Mental Health and Hygiene (DOHMH) rules for discontinuance of a cooling tower.

 

Section 28-317.5, entitled “Annual certification,” requires owners or operators of cooling towers to certify that the cooling tower was inspected, tested, cleaned and disinfected in compliance with section 17-194.1 of the Code and the rules of DOHMH , and that a maintenance program and plan has been developed and implemented as required by such section. The owner or operator must submit the certification by November 1, 2016 and every November 1 of each year thereafter, or as otherwise specified in DOB’s rules.

 

Section 28-317.7, entitled “Enforcement,”  makes failure to register a cooling tower or submit a certification or statement required by new article 317 a major (also called Class 2) violation. The statutory maximum for a major violation is $10,000.

 

To support enforcement of this new law, the Board is adding three new charges to the Buildings Penalty Schedule.

 

 

Subject: 

Proposed Rule regarding amendments to OATH ECB's Buildings Penalty Schedule concerning Cooling Towers Registration.

Location: 
Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0708 and Jim Macron at (212) 436-0602

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